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  • Chief Justice John Marshall: Not the Big Government Guy You Might Think0

    • February 22, 2015

    Chief Justice John Marshall (in office 1801-1835) is often identified with an expansive “big government” interpretation of the Constitution. Fans of big government cite him as an ally; opponents as an enemy. This view of Marshall is a caricature. It is true that Marshall was a Federalist—he occupied a place on the political spectrum of

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  • Is Obama Violating the “Take Care” Clause?0

    • January 11, 2015

    The Constitution requires the President to “take Care that the Laws be faithfully executed.” This “take Care” language came from 18th century commissions and formal instructions by which higher officials delineated what lower officials were to do. The premier examples were royal instructions to colonial governors, but the Continental and Confederation Congresses used the same

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  • More Evidence From Last Term That It’s Not a “Conservative Supreme Court”0

    • October 20, 2014

    Note: This article was first published at cns news. There is a common media myth that the current U.S. Supreme Court, or at least a majority of the current justices, is “conservative.” But if a “conservative” justice is one who consistently interprets the Constitution in accordance with traditional methods of judging—as the Founders intended for

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